ILNews

Court rules in favor of state in taking of property for I-69

Back to TopCommentsE-mailPrintBookmark and Share

For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.

William and Janice Boyd challenged the state’s eminent domain proceedings taking portions of real estate in Greene County owned by the Boyds. The Boyds objected, claiming the state violated various federal laws, the state’s offer to purchase was deficient, and the state sought to acquire more property than necessary.

The trial court struck the objections, condemned the property and appointed appraisers to determine the amount of just compensation to the Boyds.

In an eight-page decision authored by Senior Judge Randall Shepard in William A. Boyd and Janice Ann Boyd v. State of Indiana, 28A01-1203-PL-108, the judges quickly dismissed the Boyds’ objections. The couple argued that the interstate construction doesn’t comply with federal environmental statutes, but that challenge is to the legality of the project, not the legality of the taking. Property owners in Greene County recently made a similar objection in their appeal of the taking of their land for the interstate, and another appellate panel ruled just as the instant court has.

The judges ruled that the Boyds’ claim pertaining to the purchase offer being deficient is settled by Burd Mgmt. LLC v. State, 831 N.E.2d 104, 109 (Ind. 2005). While the Indiana Department of Transportation is required to make an offer, it is not required to prove that it did so, as the Boyds’ argued, Shepard wrote.

The COA also ruled that the Boyds’ claim that the state does not need the amount of land condemned for the I-69 project is not a proper subject for judicial review.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

ADVERTISEMENT